[alenda]

I have a bit of a dilemma. How do you define what state you persue the Lemon Law? I leased my car in Iowa back in November 06. I registered the car later that month in Minnesota.

My car has been at Sears BMW since April 16th with a bad fuel pump. No ETA on a fix.

Looking at the two websites for Iowa and Minnesota Lemon Laws it seems like I could persue it in Iowa since that is where I leased the car.

http://www.carlemon.com/lemon/MN_LemonGuide.html

http://www.carlemon.com/lemon/IA_LemonGuide.html

The major difference between the two appears to be that Iowa gives you 20 days and Minnesota gives you 30 business days. Thats a big difference!

What makes matters worse is that I will be moving back to CT at the end of next month and I will need my car to get me there or at least be there when I arrive (company will pay to transport).

Any advice??

[Carnage]

Even though you bought the car in IA, the car is registered in MN and is being leased in that state. IMO, MN law will apply here.

[alenda]

One of the reasons for my concern is that under the MN Lemon Law section it states:

The Minnesota lemon law covers new motor vehicles purchased or leased in Minnesota.

There is nothing in the Iowa sections that states that the vehicle needs to be purchased or leased in Iowa other than:

"The Lemon Law rights period is defined by the Lemon Law as the term of the manufacturer's written warranty, the period ending two years after the date of the original delivery of a motor vehicle to the consumer, or the first 24,000 miles of operation attributed to a consumer, whichever expires first."

Im so confused. I also hate to jump the gun but Im getting closer and closer to when I have to move back home to Connecticut.

[Carnage]

Originally Posted by alenda

One of the reasons for my concern is that under the MN Lemon Law section it states:

The Minnesota lemon law covers new motor vehicles purchased or leased in Minnesota.

There is nothing in the Iowa sections that states that the vehicle needs to be purchased or leased in Iowa other than:

"The Lemon Law rights period is defined by the Lemon Law as the term of the manufacturer's written warranty, the period ending two years after the date of the original delivery of a motor vehicle to the consumer, or the first 24,000 miles of operation attributed to a consumer, whichever expires first."

Im so confused. I also hate to jump the gun but Im getting closer and closer to when I have to move back home to Connecticut.

The only reason IA has anything to do with the discussion is the fact you bought it there. You live in MN, it's registered in MN and it's in a shop in MN. You'd have an extremely hard time convincing anyone who can help you that IA law applies here.

[John 070]

I think practically speaking, it's important to be clear on what you want to get out of it. Do you want your money back, or do you want this car fixed? Because if you want your money back, there is some nebulous amount that the dealer is entitled to deduct for your use of the car. It's not meant to give you a replacement or your money back for free. It's meant to remedy the situation. I think of it as a divorce--both parties lose, and it's better to resolve the issue, which would be getting the new pump installed. I think the Lemon Laws are a way to light a fire under the mfg or dealer's a**es.

[alenda]

Originally Posted by John 070

I think the Lemon Laws are a way to light a fire under the mfg or dealer's a**es.

That makes sense. But I guess my biggest problem is that in about 3 1/2 weeks I will be moving half way across the country. I want my car back, there is no question about it. I just dont want to go back home without a car. I guess I will have to find out if BMW would be willing to give me a car to drive home and then ship my car afterwards?? Im sure I will be a rare instance.

This all may be totally pointless in a few weeks cause they might get the part and I will be all set, but I guess I just want to see where I stand in a situation where the part doesnt show up in time.

[The Cleaner]

I think you are way to early to talk Lemon, Most states are 30 days or 3 attempts to fix it. It will cost you a significant amount to bring the case to trial or litigation, why not wait for the part? I think BMW is provided cars in these cases. The best you will get is early termination of your lease.

[tron1043]

Lemon laws combined with Magnusson-Moss provide a lot of consumer protection, however, those protections are only triggered when the problems are truly significant. Your car stuck in the shop since April 16 is not going trigger either or those, yet. See if you can get your dealer to put some things in writing regarding when your car will be ready, and things like that. If you do get to a Lemon Law/Magnusson-Moss action, the more paper you have the better. However, you would need an attorney -- preferably one who is familiar with the Uniform Commerical Code -- to use any of the dealers promises against them. But, bottom-line you are, probably, quite a ways off from revoking acceptance of the car at this point. Good luck.

[gonzo]

Originally Posted by alenda

That makes sense. But I guess my biggest problem is that in about 3 1/2 weeks I will be moving half way across the country. I want my car back, there is no question about it. I just dont want to go back home without a car. I guess I will have to find out if BMW would be willing to give me a car to drive home and then ship my car afterwards?? Im sure I will be a rare instance.

This all may be totally pointless in a few weeks cause they might get the part and I will be all set, but I guess I just want to see where I stand in a situation where the part doesnt show up in time.

I would ask them this. If my car is still waiting, 3 days before I leave, can you loan me a decent car? When the car is repaired, will you flat bed my car to me and bring the loaner back? This seems reasonable for your situation.

[alenda]

Originally Posted by gonzo

I would ask them this. If my car is still waiting, 3 days before I leave, can you loan me a decent car? When the car is repaired, will you flat bed my car to me and bring the loaner back? This seems reasonable for your situation.

That sounds fair. Proabably a big expense for them but I guess I shouldnt care to much about that. Im going to keep my fingers crossed that it gets fixed before that. I want my family and friends to see my new car. I dont want to have to tell them that its been in the shop for a few weeks and that its going to be getting shipped in a few more weeks.

I have my fingers crossed!

Thanks!

[jjlawyer]

The purchase or lease contract will likely tell you which state laws apply. Look at your lease or purchase agreement and it probably has a choice of law provision. If not, then you would apply the laws of the state where the contract was made.